Bank Zapped $1.3 Million for an Erroneous Estoppel Letter that Blocked a Sale
Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.
Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law
Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.
District Courts Collide Head-On over Maritime Liens for ‘Necessaries’
Circuit split over maritime liens appears headed for the Supreme Court.
Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders
Judge Erik Kimball explains why retainers are free of lenders’ liens.
Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud
For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.
Baker Botts Read Narrowly on Compensation for Defending Fee Application
Florida judge allows fees for supplementing application with more detail.
Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing
Passage of time converts a final order into an interlocutory order.
Validity of Inherited Homestead Exemption Decided by Allusion to Baseball
A house that wasn’t a homestead on the filing date held eligible for the exemption.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.